Construction Storm Water Program
Construction activities which disturb one or more acres of land and have a point source discharge of storm water to waters of the state (streams, rivers, lakes, and wetlands) are required to obtain a National Pollutant Discharge Elimination System (NPDES) permit from EGLE's Water Resources Division (WRD).
The WRD has adopted a process called "Permit-by Rule" (Rule 2190, promulgated under Part 31, NREPA) for issuing the necessary storm water coverage. Permit-by Rule "streamlines" the permitting process and is dependent upon the applicant first obtaining Part 91 coverage, i.e., obtaining an SESC permit from the appropriate Part 91 permitting agency or being designated an APA.
For sites disturbing one to five acres, the applicant/permittee receives automatic storm water coverage upon the applicant obtaining a Part 91 permit (or undertaking the project as an APA). Although the coverage is automatic, the permittee must comply with the requirements of Permit by Rule.
For sites disturbing five or more acres, the applicant/permittee must obtain a Part 91 permit (or undertake the project as an APA) and submit an application for Notice of coverage (NOC) to the WRD. Along with the NOC application, the applicant/permittee must submit a copy of the SESC permit, approved SESC plan, site location map, and the $400 permit fee.
The permittee must follow the requirements of Permit by Rule. Permit-by Rule requires compliance with the SESC permit issued under Part 91 and also requires SESC measures to be inspected weekly and within 24 hours of a significant rain event by a certified storm water operator. The certification materials and testing are available in most WRD district office.